This text of New York § 248 (Dealers to be licensed and to provide security and to deposit fee) is published on Counsel Stack Legal Research, covering New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
§ 248. Dealers to be licensed and to provide security and to deposit\nfee. 1.
(a)No person shall act as a dealer unless licensed as provided\nin this article. Application shall be made upon such forms and at such\ntimes as prescribed by the commissioner. Renewal applications shall be\nsubmitted to the commissioner at least thirty days prior to the\nexpiration of the existing license. No action will be taken on\napplications deemed incomplete by the commissioner. The applicant shall\nfurnish evidence of his or her good character, financial statements,\nprepared and certified by a certified public accountant when required by\nthe commissioner, and evidence that he or she has adequate physical\nfacilities for receiving and handling farm products or processing farm\nproducts if he or she is
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§ 248. Dealers to be licensed and to provide security and to deposit\nfee. 1. (a) No person shall act as a dealer unless licensed as provided\nin this article. Application shall be made upon such forms and at such\ntimes as prescribed by the commissioner. Renewal applications shall be\nsubmitted to the commissioner at least thirty days prior to the\nexpiration of the existing license. No action will be taken on\napplications deemed incomplete by the commissioner. The applicant shall\nfurnish evidence of his or her good character, financial statements,\nprepared and certified by a certified public accountant when required by\nthe commissioner, and evidence that he or she has adequate physical\nfacilities for receiving and handling farm products or processing farm\nproducts if he or she is to act as a dealer. The commissioner, if so\nsatisfied, shall issue to such applicant, upon the filing of a bond or\nletter of credit and upon payment of a fee to be deposited into the\nagricultural producers security fund as hereinafter provided, a license\nentitling the applicant to conduct the business of a dealer in farm\nproducts for a period of one year. Notwithstanding any other provision\nof this section, an applicant who intends to pay and a licensee who pays\nupon delivery for purchases of farm products from producers, in cash, or\ncash equivalent, including only certified or bank check, money order,\nelectronic funds transfer, or by debit card, shall be exempt from filing\na bond or letter of credit. In the event that a licensee who has been so\nexempted from filing a bond or letter of credit fails to pay cash or a\ncash equivalent upon delivery for any purchase of farm products from a\nproducer, such licensee shall file a bond or letter of credit as\notherwise required by this section with the commissioner no later than\nten business days from the date the commissioner notifies the licensee\nthat such bond or letter of credit is required.\n (b) The commissioner is authorized to stagger the commencement of the\nlicense year among licensees, and shall prorate the license application\nfee and agricultural producers security fund fee accordingly.\nNotwithstanding any other provision of law to the contrary, the\ncommissioner is hereby authorized and directed to deposit all license\nfees received pursuant to this section in the agricultural producers\nsecurity fund.\n 2. Before commencing or doing any business for the time for which a\nlicense has been issued, said license shall be enclosed in a suitable\nwood or metal frame having a clear glass space and a substantial wood or\nmetal back so that the whole of said license may be seen therein, and\nshall be posted and at all times displayed in a conspicuous place in the\nroom where such business is carried on, so that all persons visiting\nsuch place may readily see the same.\n